HomeMy WebLinkAbout2008-109from Fellsmere Development Corporation, Inc.
a/ka Fellsmere Development Corp. to City of Fellsmere
for alternate access to Fellsmere Trailhead Preserve
31-38-20-00000-5000-00002.3
(cut from 31-38-20-00000-1000-00001.2)
RESOLUTION NO, 2008-109
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
to make proper entries upon the records to accomplish such cancellation and to
do all things necessary to carry out the provisions of section 196.28, F.S.;
RESOLUTION NO, 2008- 109
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that:
Any and all liens for taxes delinquent or current against the following
described lands, which were purchased from Fellsmere Development
Corporation, Inc., a/k/a Fellsmere Development Corp. by the City of Fellsmere for
alternate access to Fellsmere Trailhead Preserve are hereby cancelled pursuant
to the authority of section 196.28, F.S.
See attached Warranty Deed describing lands,
recorded in O.R. Book 2272 at Page 1061, Public
Records of Indian River County, Florida.
The resolution was moved for adoption by Commissioner Davis , and
the motion was seconded by Commissioner Flescher , and, upon being put to a
vote, the vote was as follows:
Chairman Sandra L. Bowden
Vice Chairman Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Gary C. Wheeler
2
FAAttorney\Nancy\DOCS\RES\Reso can taxes on fellsmere prop 2008.doc
Aye
Ave
Aye
Aye
Aye
RESOLUTION NO. 2008-109
The Chairman thereupon declared the resolution duly passed and adopted
this 12th day of August, 2008.
AT'
By.
Ali:
BOARD OF COUNTY coMr aSSIONER5.-►�,
INDIAN RIVER COUNT_
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TAS( CER 1 IFICATES OUTSTANDING
CUFFA NY PRORATED TAX RECEIVED AND
DEPOSITED WITH TAX COLLECTOR
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY .J ";5L
WILLIAM Gs COLLINS U
COUNTY ATTORNEY
K
FAAttorney\Nancy\DOCS\RES\Reso can taxes on fellsmere prop 2008.doc
1929360 RECORDED IN THE RECORDS OF JEFFRE- K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2272 PG: 1061, 06/16/2008 12:41 PM DOC STAMPS D $420.00
This Document Prepared By and Return to:
GARY B. SACK, ESQ,
REINMAN DURHAM i SACK, PA
2101 E. WAVERLY PLACE, SUITE 200E
MELBOURNE, FL 32901
321.768.2001
Parcel ID Number: 31-38-20-0-1000-1/2
Warranty Deed
This Indenture, Made this 13th day of June
FELLSMERE DEVELOPMENT CORPORATION,INC.,
CORP., a corporation existing under the
of the County of Brevard
CITY OF FELLSMERE, a municipal Corporati
the State of Florida
, 2008 A.D. , Between
a/k/a FELLSMERE DEVELOPMENT
laws of the State of Florida
State of Florida , grantor, and
on existing under the laws of
whose address Is: 21 S, Cypress Street, Fellamere, FL 32948
of the County of Indian River , State of Florida , grantee.
Witnesseth that the GRANTOR for and in consideration of the sum of
------------------------TEN DOLLARS ($SO)------ --- DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate,
lying and being in the County of Indian River State of Florida to wit:
REAL PROPERTY DESCRIBED IN EXHIBIT "A" ANNEXED HERETO AND MADE A PART HEREOF,
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND COVENANTS OF RECORD; TAXES AND
ASSESSMENTS FOR THE YEAR 2008 AND ALL SUBSEQUENT YEARS; AND APPLICABLE ZONING RULES AND
REGULATIONS,
and the grantor does hereby fully warrant the tide to said land, and will defend the same against lawful claims of all persons whomsoever.
In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
J�Printed Name: By.
Witness
Printed Name: G A ✓v ti
Witness
FELLSMERE DEVELOPMENT
CORPORATION,INCIt k/a FELLSMERE
DEVELOPMENT CO
Charles Ho an, Jr, (Seal)
Treasurer/Di ctor
P.O. Address: 215 Baytre Drive - Suite 1, Melbourne, FL 32940
STATE OF FLORIDA (Corporate Seal)
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 13th day of June
,2008
Charles
. Hoyman, Jr., Treasurer/Director of FELLSMERE DEVELOPMENT
CORPORATION,INC., a/k/a FELLSMERE DEVELOPMENT CORP., a Florida
Corporation, on behalf of the corporation /
he is personally known to me or he has produced his Florida driver t s
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07-4261A My Commission Expires:
Luer Generated by 0 Display Syttemr,Inc., 2W3 (863)763-5355 Form FLWD-1
by
BK: 2272 PG: 1062
DESCRIPTION. FELLSMERE DEVELOPMENT CORP (1.1905 ACRES +/-)
PARCEL 81:
A PARCEL OF LAND PARCEL LYING NORTH OFGANDSECTION 20, ADJACENT TO ORTHIP31 RIGHT OF WAYY OFRANGE38 COUNTY ROAD INDIAN
EONORTHWEST1QUSAID
ADRANT
OF THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND COUNTY ROAD 512, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
FROM THE INTERSECTION OF THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT OF WAY OF
THE TRANS FLORIDA CENTRAL RAILROAD, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT OF WAY OF INTERSTATE
HIGHWAY 95 AS FOLLOWS: SOUTH 08'33'10 WEST A DISTANCE OF 882.13 FEET; THENCE SOUTH 10'47'15" WEST A
DISTANCE OF 244,55 FEET; THENCE CONTINUE SOUTH 10'47'15' WEST A DISTANCE OF 385.72 FEET; THENCE CONTINUE
SOUTHWESTERLY AND WESTERLY ALONG SAID LIMITED ACCESS RIGHT OF WAY, SOUTH 42022'41' WEST A DISTANCE OF
201.07 FEET; THENCE NORTH 89'15'23" WEST A DISTANCE. OF 474.42 FEET*THENCE SOUTH 88435'19' WEST A DISTANCE
OF 100.07 FEET TO THE POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE
FROM THE POINT OF BEGINNING, DEPART SAID LIMITED ACCESS RIGHT OF WAY, NORTH 07'00639' EAST A DISTANCE OF
517.25 FEET; THENCE NORTH 8995'23' WEST A DISTANCE OF 100.80 FEET; THENCE SOUTH 07000'39' WEST A DISTANCE
OF 521.07 FEET BACK TO THE AFORESAID LIMITED ACCESS RIGHT OF WAY; THENCE ALONG SAID LIMITED ACCESS RIGHT OF
WAY, NORTH 88035'19` EAST A DISTANCE OF 1D1.09 FEET BACK TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 51,859 SQUARE FEET DR 1.1905 ACRES MORE OR LESS.
PER ATTORNEY COMMENTS
RV i 4
Al JOB NO. 06-440S
LEGAL DESCRIPTION APRIL 29,. 2008
FELLSMERE PRESERVE
1,19 ACRE PARCEL
EXHISIT'A'